(영문) 인천지방법원 부천지원 2021.01.08 2020고단4104

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2021.01.08 2020고단4104

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 13, 2020, the Defendant driven C Coin a vehicle with approximately 300 meters alcohol concentration at approximately 0.111%, while under the influence of alcohol from around 03:20 to around 20,00, on a road where it is impossible to find out a location below the upper-dong of 03:0,000.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D of the police interrogation protocol, written statement of the driver under the circumstances of the driver under the police, report of the driver under the state, report of the driver under the influence of alcohol, notification of the result of regulating the driving of alcohol, the driver's license register of the vehicle with the contents of the report sent by 112, and each investigation report on the vehicle with the next occasion (the report on the driver under the command of the driver under the influence of alcohol,

1. Article 148-2(3)2 and Article 44-2(1) of the Road Traffic Act regarding criminal facts, the choice of fines (the Defendant was sentenced to a fine of KRW 3 million for the violation of the Act on Special Cases concerning Drinking and Traffic Accident Settlement, which was committed in April 2006, but was sentenced to a fine of KRW 3 million, thereby committing the instant crime, and thus, the risk of repeating the instant crime is likely, and the instant crime is deemed to have a high alcohol concentration in blood at the time of committing the instant crime.

However, the defendant confessions and reflects the crime of this case, and the defendant has no record of being punished for drinking driving since 2006, and is punished again by a fine in consideration of the fact that there is no other criminal punishment than the above one fine, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

참조조문

-교통사고처리 특례법

-형법 제69조 제2항

-형법 제70조 제1항

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